Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 12731a"
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description: "Temporary special retirement qualification authority"
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title_name: "ARMED FORCES"
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chapter_number: "1223"
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chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
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---
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# 10 U.S.C. § 12731a - Temporary special retirement qualification authority
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## Text
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(a) Retirement With At Least 15 Years of Service.— For the purposes of section 12731 of this title, the Secretary concerned may—
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(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member—
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(A) as of October 1, 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or
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(B) after that date and before the end of the period described in subsection (b), completes 15 years of service computed under that section; and
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(2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve.
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(b) Period of Authority.— The period referred to in subsection (a)(1) is the period beginning on October 23, 1992, and ending on December 31, 2001.
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(c) Applicability Subject to Needs of the Service.— (1) The Secretary concerned may limit the applicability of subsection (a) to any category of personnel defined by the Secretary in order to meet a need of the armed force under the jurisdiction of the Secretary to reduce the number of members in certain grades, the number of members who have completed a certain number of years of service, or the number of members who possess certain military skills or are serving in designated competitive categories.
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(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2713).
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(3) Notwithstanding the provisions of section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by section 12731(d) of this title to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or was incurred during a period of unauthorized absence.
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(d) Exclusion.— This section does not apply to persons referred to in section 12731(c) of this title.
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(e) Regulations.— The authority provided in this section shall be subject to regulations prescribed by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard.
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(Added Pub. L. 102–484, div. D, title XLIV, § 4417(a), Oct. 23, 1992, 106 Stat. 2716, § 1331a; amended Pub. L. 103–35, title II, § 201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, §§ 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668, 1670; renumbered § 12731a and amended Pub. L. 103–337, div. A, title V, § 517, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2754, 2998, 3000; Pub. L. 104–106, div. A, title XV, § 1501(b)(21), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–261, div. A, title V, § 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
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## Notes
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Editorial Notes
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References in TextSection 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 and section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of Pub. L. 102–484, which are set out in a note under section 12681 of this title.
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Amendments2002—Subsec. (e). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (a)(1)(B). Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)(A)], substituted “the end of the period described in subsection (b)” for “October 1, 2001”. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)(B)], substituted “December 31, 2001” for “October 1, 2001”. 1998—Subsec. (a)(1)(B), (b). Pub. L. 105–261 substituted “October 1, 2001” for “October 1, 1999”. 1996—Subsec. (c)(3). Pub. L. 104–106 inserted comma after “Defense Conversion”. 1994—Pub. L. 103–337, § 1662(j)(1), renumbered section 1331a of this title as this section and amended text generally, changing references to other sections. Subsec. (c)(3). Pub. L. 103–337, § 517, added par. (3) which read as follows: “Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by section 1331(d) of this title to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or was incurred during a period of unauthorized absence.” 1993—Subsec. (a). Pub. L. 103–160, § 564(c)(1), substituted “Secretary concerned” for “Secretary of a military department” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 103–160, § 561(f)(4)(A), substituted “October 1, 1999” for “October 1, 1995”. Subsec. (a)(2). Pub. L. 103–160, § 561(f)(4)(B), struck out “within one year after the date of the notification referred to in paragraph (1)” after “to the Secretary”. Subsec. (b). Pub. L. 103–160, § 561(f)(4)(C), substituted “October 1, 1999” for “October 1, 1995”. Pub. L. 103–35 substituted “October 23, 1992,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993”. Subsec. (c)(1). Pub. L. 103–160, § 564(c)(2), struck out “of the military department” after “The Secretary”. Subsec. (e). Pub. L. 103–160, § 564(c)(3), inserted before period at end “and by the Secretary of Transportation with respect to the Coast Guard”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
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Effective Date of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.
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Effective Date of 1994 AmendmentAmendment by section 1662(j)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
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---
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title: "10 U.S.C. § 12731b"
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chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
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---
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# 10 U.S.C. § 12731b - Special rule for members with physical disabilities not incurred in line of duty
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## Text
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(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.
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(b) Notification under subsection (a) may not be made if—
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(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
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(2) the disability was incurred during a period of unauthorized absence.
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(Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.)
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---
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type: "LegalText"
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title: "10 U.S.C. § 12732"
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description: "Entitlement to retired pay: computation of years of service"
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chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
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---
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# 10 U.S.C. § 12732 - Entitlement to retired pay: computation of years of service
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## Text
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(a) Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under section 12731 of this title, the person’s years of service are computed by adding the following:
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(1) The person’s years of service, before July 1, 1949, in the following:
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(A) The armed forces.
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(B) The federally recognized National Guard before June 15, 1933.
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(C) A federally recognized status in the National Guard before June 15, 1933.
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(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
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(E) The Navy Reserve Force.
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(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
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(G) The National Naval Volunteers.
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(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
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(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
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(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
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(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
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(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women’s Medical Specialist Corps and before January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designation as an Air Force nurse or medical specialist.
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(2) Each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis:
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(A) One point for each day of—
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(i) active service; or
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(ii) full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned;
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if that service conformed to required standards and qualifications.
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(B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32.
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(C) Points at the rate of 15 a year for membership—
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(i) in a reserve component of an armed force,
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(ii) in the Army or the Air Force without component, or
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(iii) in any other category covered by subsection (a)(1) except a regular component.
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(D) Points credited for the year under section 2126(b) of this title.
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(E) One point for each day on which funeral honors duty is performed for at least two hours under section 12503 of this title or section 115 of title 32, unless the duty is performed while in a status for which credit is provided under another subparagraph of this paragraph.
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(F) (i) Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy, one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period, if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President, the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard.
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(ii) A person may not be credited more than 35 points in a one-year period under this subparagraph.
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(iii) In this subparagraph, the term “covered emergency period” means the period beginning on March 1, 2020, and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted.
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(G) Points at the rate of 1 per inactive-duty training period, under section 206 of title 37, during which the member is on parental leave under section 711 of this title.
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For the purpose of clauses (A), (B), (C), (D), (E), (F), and (G), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
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(3) The person’s years of active service in the Commissioned Corps of the Public Health Service.
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(4) The person’s years of active commissioned service in the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey).
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(b) The following service may not be counted under subsection (a):
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(1) Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserve.
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(2) Service (other than active service) after June 30, 1949, while on the Honorary Retired List of the Navy Reserve or of the Marine Corps Reserve.
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(3) Service in the inactive National Guard.
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(4) Service in a non-federally recognized status in the National Guard.
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(5) Service in the Fleet Reserve or the Fleet Marine Corps Reserve.
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(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), as amended, and service before July 1, 1938, as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
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(7) Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1).
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(8) Service in the screening performed pursuant to section 10149 of this title through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under section 433a of title 37.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 102, § 1332; Pub. L. 85–861, § 33(a)(9), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 86–197, § 1(1)–(3), Aug. 25, 1959, 73 Stat. 425; Pub. L. 88–636, § 1, Oct. 8, 1964, 78 Stat. 1034; Pub. L. 93–545, § 1, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 96–513, title V, § 511(48), Dec. 12, 1980, 94 Stat. 2924; renumbered § 12732 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3000; Pub. L. 104–201, div. A, title V, § 543(b)(1), Sept. 23, 1996, 110 Stat. 2522; Pub. L. 106–65, div. A, title V, § 578(h)(1), Oct. 5, 1999, 113 Stat. 628; Pub. L. 109–163, div. A, title V, § 515(b)(1)(MM), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110–181, div. A, title VI, § 633(c), Jan. 28, 2008, 122 Stat. 155; Pub. L. 116–283, div. A, title V, § 516(a), title VI, § 602(b)(4), Jan. 1, 2021, 134 Stat. 3589, 3671; Pub. L. 118–31, div. A, title VI, § 601(c), Dec. 22, 2023, 137 Stat. 289.)
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## Notes
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Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1332(a)10:1036a(b).10:1036a(c).10:1036e(a).10:1036e(b).10:1036e(c) (less applicability to determination of retired pay).10:1036e(d) (less applicability to determination of retired pay).June 29, 1948, ch. 708, § 302(b), (c), 62 Stat. 1089; Sept. 7, 1949, ch. 547, §§ 1, 2, 63 Stat. 693.June 29, 1948, ch. 708, § 306 (less (c) and (d), as applicable to determination of retired pay), 62 Stat. 1088. 34:440i(b). 34:440i(c). 34:440m(a). 34:440m(b). 34:440m(c) (less applicability to determination of retired pay). 34:440m(d) (less applicability to determination of retired pay). 1332(b)10:1036e(e). 10:1036e(f). 34:440m(e). 34:440m(f). Subsection (a) consolidates the provisions of 10:1036a and 1036e(b)–(d), and 34:440i and 440m(b)–(d), relating to service that may be counted in determining eligibility for retired pay under this chapter. 10:1036e(a) and 34:440m(a) are omitted as covered by the enumeration of the service that may be counted for the purposes of the revised section. In subsection (a)(1)(A)–(F), the requirement that the service must have been satisfactory is omitted as executed, since all service before July 1, 1949, has been found to have been satisfactory by the Secretaries concerned. In subsection (a)(1)(A), the words “the armed forces” are substituted for clauses (1), (2), (5)–(7), (9), (10), and (13)–(16), of 10:1036e(c) and 34:440m(c), and so much of clause (8) of 10:1036e(c) and 34:440m(c) as relates to the Naval Reserve and the Naval Reserve Force as constituted after February 28, 1925, since the service covered by those clauses when added to service in the regular components, comprises all service in the armed forces. In subsection (a)(1)(B)–(C), the words “June 15” are inserted to reflect the exact date of the change in National Guard status made by section 5 of the Act of June 15, 1933, ch. 87, 48 Stat. 155, which established the National Guard of the United States as a reserve component of the Army. In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words), 10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and 34:440m(c)(9) (last 22 words) are omitted as covered by subsection (b)(5). In subsection (a)(2)(A), the words “service that conformed to required standards and qualifications” are substituted for 10:1036e(b) and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and 34:440m(d), which make it clear that “active Federal service”, in the sense in which that term is used in 10:1036a–e and 34:440i–m, includes annual training duty and attendance at service schools, are omitted as covered by sections 101(22) and 101(24) of this title. In subsection (a)(2)(A) and (B), specific reference is made to National Guard service to reflect the opinion of the Judge Advocate General of the Army (JAGA, 1956/1908, 13 Feb. 1956). In subsection (a)(2)(C), the words “other than active Federal service” are omitted, since the points for membership are not reduced by active duty (see opinion of the Judge Advocate General of the Army (JAGA, 1953/2016, 3 Mar. 1953)). In subsections (a) and (b), the words “active service” are substituted for the words “active Federal service” for uniformity of expression. In clause (5), the words “transferred thereto after completion of 16 or more years of active naval service” are omitted, since other authorized fleet reserve categories have not been used and authority for them is omitted from this revised title as unnecessary. Subsection (b)(1)–(4) is inserted because of 10:1036e(e) and (f) and 34:440m(e) and (f), which state that the service enumerated in those clauses may not be considered in determining eligibility for retired pay under this chapter. Clause (5) is based on the exclusions in 34:440m(c)(8)–(9). Subsection (b)(6) is inserted for clarity since 10:1036a and 34:440i were limited in applicability to service in the status of a “commissioned officer, warrant officer, flight officer, or enlisted person.”
|
||||
|
||||
1958 ActThe word “full-time” is inserted for clarity. The other change reflects the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956) that duty performed under section 92 of the National Defense Act, the source statute for section 502 of title 32, was creditable in determining entitlement to retired pay under section 302 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1087), the source statute for section 1332 of title 10.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextAct of December 22, 1942, referred to in subsec. (a)(1)(I), is act Dec. 22, 1942, ch. 805, 56 Stat. 1072, which amended section 164 of former Title 10, Army and Air Force, and enacted provisions set out as notes under section 81 of former Title 10 and section 113 of former Title 37, Pay and Allowances, and was repealed as executed, by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Women’s Medical Specialist Corps, referred to in subsec. (a)(1)(J)(ii), redesignated Army Medical Specialist Corps by Pub. L. 85–155, Aug. 21, 1957, 71 Stat. 375. See section 7070 of this title. See, also, act Aug. 9, 1955, ch. 654, 69 Stat. 579.
|
||||
|
||||
Amendments2023—Subsec. (a)(2)(G). Pub. L. 118–31 substituted “1 per inactive-duty training period, under section 206 of title 37, during which the member is on parental leave under section 711 of this title.” for “12 per period during which the member is on maternity leave.” 2021—Subsec. (a)(2). Pub. L. 116–283, § 602(b)(4)(B), substituted “(F), and (G)” for “and (F)” in concluding provisions. Pub. L. 116–283, § 516(a)(2), substituted “(E), and (F)” for “and (E)” in concluding provisions. Subsec. (a)(2)(F). Pub. L. 116–283, § 516(a)(1), added subpar. (F). Subsec. (a)(2)(G). Pub. L. 116–283, § 602(b)(4)(A), added subpar. (G). 2008—Subsec. (b)(8). Pub. L. 110–181 added par. (8). 2006—Subsecs. (a)(1)(E), (b)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 1999—Subsec. (a)(2). Pub. L. 106–65 added subpar. (E) and substituted “, (D), and (E)” for “, and (D)” in concluding provisions. 1996—Subsec. (a)(2). Pub. L. 104–201 added cl. (D) and substituted “(C), and (D)” for “and (C)” in concluding provisions. 1994—Pub. L. 103–337 renumbered section 1332 of this title as this section, substituted “Entitlement to retired pay: computation of years of service” for “Computation of years of service in determining entitlement to retired pay” as section catchline, and amended text generally, making changes in style, references to other sections and Acts, and the service in the Public Health Service and the National Oceanic and Atmospheric Administration that may be included in the computation of years of service in subsec. (a). 1980—Subsec. (a)(4). Pub. L. 96–513 inserted provisions relating to applicability to service in National Oceanic and Atmospheric Administration and Environmental Science Services Administration. 1974—Subsec. (b)(7). Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”. 1964—Subsec. (a)(3), (4). Pub. L. 88–636 added cls. (3) and (4). 1959—Subsec. (a). Pub. L. 86–197, §§ (1), (2), redesignated cls. (D) to (F) as (E) to (G), and added cls. (D), (H), (I), and (J), and provisions requiring, for the purpose of cls. (A), (B), and (C), service in the National Guard to be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment. Subsec. (b)(6), (7). Pub. L. 86–197, § 1(3), added par. (6), redesignated former par. (6) as (7), and prohibited the counting of service as a nurse, as an appointed aviation cadet, and that service described in cls. (I) and (J) of subsec. (a)(1) of this section. 1958—Subsec. (a). Pub. L. 85–861 substituted “full-time service under” for “service under”, and inserted reference to section 502 of this title in cl. (2)(A)(ii).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2023 AmendmentAmendment by Pub. L. 118–31 effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, see section 601(e) of Pub. L. 118–31, set out as a note under section 711 of this title.
|
||||
|
||||
Effective Date of 2021 AmendmentPub. L. 116–283, div. A, title VI, § 602(c), Jan. 1, 2021, 134 Stat. 3671, provided that: “This section [amending this section, section 12733 of this title, and section 206 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply with respect to periods of maternity leave that commence on or after that date.”
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1964 AmendmentPub. L. 88–636, § 2, Oct. 8, 1964, 78 Stat. 1034, provided that: “The amendments made by this Act [amending this section] shall apply to any period before enactment of this Act [Oct. 8, 1964] during which the Commissioned Corps of the Public Health Service has had the status of a military service, and to any period before enactment of this Act during which commissioned personnel of the Coast and Geodetic Survey were transferred to the service and jurisdiction of a military department.”
|
||||
|
||||
Effective Date of 1958 AmendmentAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33 (g) of Pub. L. 85–861, set out as a note under section 101 of this title.
|
||||
|
||||
Savings ProvisionPub. L. 86–197, § 3, Aug. 25, 1959, 73 Stat. 426, provided that: “This Act [amending this section and sections 3683, 3926, 6324, 8683 and 8926 of this title and enacting provisions set out as notes under sections 1431 and 3441 of this title] does not deprive any person of any service credit to which he was entitled on the day before the effective date of this Act [Aug. 25, 1959].”
|
||||
|
||||
Credit for Retired Pay PurposesPub. L. 116–283, div. A, title VI, § 602(b)(1)–(3), Jan. 1, 2021, 134 Stat. 3670, 3671, as amended by Pub. L. 118–31, div. A, title VI, § 601(d), Dec. 22, 2023, 137 Stat. 289, provided that: “(1) In general.—The period of parental leave described in section 12732(a)(2)(G) of title 10, United States Code, taken by a member of the reserve components of the Armed Forces shall count toward the member’s entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points. “(2) Separate credit for each period of leave.—Separate crediting of points shall accrue to a member pursuant to this subsection for each period of parental leave taken by the member. “(3) When credited.—Points credited a member for a period of parental leave pursuant to this subsection shall be credited in the year in which the period of parental leave concerned commences.”
|
||||
|
||||
Tracking System and Recommendations to Congress Relating to Award of Retirement PointsPub. L. 104–201, div. A, title V, § 531(b), (c), Sept. 23, 1996, 110 Stat. 2517, 2518, provided that: “(b) Tracking System for Award of Retirement Points.—To better enable the Secretary of Defense and Congress to assess the cost and the effect on readiness of the amendment made by subsection (a) [amending section 12733 of this title] and of other potential changes to the Reserve retirement system under chapter 1223 of title 10, United States Code, the Secretary of Defense shall require the Secretary of each military department to implement a system to monitor the award of retirement points for purposes of that chapter by categories in accordance with the recommendation set forth in the August 1988 report of the Sixth Quadrennial Review of Military Compensation. “(c) Recommendations to Congress.—The Secretary shall submit to Congress, not later than one year after the date of the enactment of this Act [Sept. 23, 1996], the recommendations of the Secretary with regard to the adoption of the following Reserve retirement initiatives recommended in the August 1988 report of the Sixth Quadrennial Review of Military Compensation:“(1) Elimination of membership points under subparagraph (C) of section 12732(a)(2) of title 10, United States Code, in conjunction with a decrease from 50 to 35 in the number of points required for a satisfactory year under that section. “(2) Limitation to 60 in any year on the number of points that may be credited under subparagraph (B) of section 12732(a)(2) of such title at two points per day. “(3) Limitation to 360 in any year on the total number of retirement points countable for purposes of section 12733 of such title.”
|
||||
|
||||
Coast Guard Women’s Reserve; Constructive Service Credit: Retirement Benefits; Retroactive PayPub. L. 87–482, June 12, 1962, 76 Stat. 95, provided: “That any person who was a member of the Coast Guard Women’s Reserve and who served on active duty therein for at least one year prior to July 25, 1947; who was separated therefrom under honorable conditions; and who also had membership therein for any period between November 1, 1949, and July 1, 1956, shall be deemed to have served on inactive duty with the Coast Guard Women’s Reserve from July 25, 1947, to November 1, 1949, in the grade or rating satisfactorily held on active duty prior to July 25, 1947. “Sec. 2. Creditable constructive service for a person qualified under section 1 hereof shall be applied when providing retirement benefits under the Army and Air Force Vitalization and Retirement Equalization Act of 1948, as amended, or any other Act under which the individual may be entitled to retirement from the Armed Forces. “Sec. 3. Additional pay accruing to any person by virtue of increased creditable service resulting from the inclusion of constructive service creditable by application of section 1 hereof shall not be made for active or inactive duty for which pay is authorized by competent authority which is performed prior to the first day of the calendar quarter next succeeding the calendar quarter in which this Act becomes effective.”
|
||||
|
||||
Additional Clerical Service Creditable Under This ChapterPub. L. 85–861, § 15, Sept. 2, 1958, 72 Stat. 1558, provided that: “(a) Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a person is entitled to count his service as an Army field clerk or as a field clerk, Quartermaster Corps, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter. “(b) notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a warrant officer is entitled to count classified service as an Army headquarters clerk or as a clerk of the Army Quartermaster Corps that he performed under any law in effect before August 29, 1916, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.”
|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 12733 - Computation of retired pay: computation of years of service
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of computing the retired pay of a person under this chapter, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
|
||||
|
||||
(1) The person’s days of active service.
|
||||
|
||||
(2) The person’s days of full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned.
|
||||
|
||||
(3) One day for each point credited to the person under clause (B), (C), (D), or (F) of section 12732(a)(2) of this title, but not more than—
|
||||
|
||||
(A) 60 days in any one year of service before the year of service that includes September 23, 1996;
|
||||
|
||||
(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes October 30, 2000;
|
||||
|
||||
(C) 90 days in the year of service that includes October 30, 2000, and in any subsequent year of service before the year of service that includes October 30, 2007; and
|
||||
|
||||
(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.
|
||||
|
||||
(4) One day for each point credited to the person under subparagraph (E) of section 12732(a)(2) of this title.
|
||||
|
||||
(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.
|
||||
|
||||
(6) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than active service) in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by section 12732(a)(1) of this title, except a regular component.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 103, § 1333; Pub. L. 85–861, § 33(a)(10), Sept. 2, 1958, 72 Stat. 1565; renumbered § 12733 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3002; Pub. L. 104–201, div. A, title V, §§ 531(a), 543(b)(2), Sept. 23, 1996, 110 Stat. 2517, 2522; Pub. L. 105–85, div. A, title X, § 1073(a)(67), (c)(4), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, § 578(h)(2), Oct. 5, 1999, 113 Stat. 628; Pub. L. 106–398, § 1 [[div. A], title VI, § 652], Oct. 30, 2000, 114 Stat. 1654, 1654A–163; Pub. L. 107–107, div. A, title X, § 1048(c)(16), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 110–181, div. A, title VI, § 648, Jan. 28, 2008, 122 Stat. 161; Pub. L. 116–283, div. A, title V, § 516(b), title VI, § 602(b)(5), Jan. 1, 2021, 134 Stat. 3589, 3671.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 133310:1036b (less 1st 91 words, and less 1st proviso).10:1036e(c) (as applicable to determination of retired pay).10:1036e(d) (as applicable to determination of retired pay).34:440j (less 1st 91 words, and less 1st proviso).June 29, 1948, ch. 708, §§ 303 (less 1st 91 words, and less 1st proviso), 306 ((c) and (d), as applicable to determination of retired pay), 62 Stat. 1088–1090; Sept. 7, 1949, ch. 547, § 3, 63 Stat. 693. 34:440m(c) (as applicable to determination of retired pay). 34:440m(d) (as applicable to determination of retired pay). The revised section consolidates provisions of 10:1036b and 1036e, and 34:440j and 440m, relating to the years of service that may be counted in determining retired pay for persons entitled to that pay under this chapter. Clause (1) is substituted for 10:1036b(i). In clause (3), the words “and proportionately for each fraction of a year” are inserted to make clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) are omitted as covered by sections 101(22) and 101(24) of this title.
|
||||
|
||||
1958 ActThe change is necessary so that active service and service described in section 1332(a)(2)(A)(ii) that was performed on or before July 1, 1949, may be counted in computing retired pay, as provided by the source law, section 303(i) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1088) and in accordance with the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Par. (3). Pub. L. 116–283, § 516(b), substituted “(D), or (F)” for “or (D)” in introductory provisions. Pars. (5), (6). Pub. L. 116–283, § 602(b)(5), added par. (5) and redesignated former par. (5) as (6). 2008—Par. (3)(B) to (D). Pub. L. 110–181 struck out “and” at end of subpar. (B), substituted “before the year of service that includes October 30, 2007; and” for period at end of subpar. (C), and added subpar. (D). 2001—Par. (3)(B). Pub. L. 107–107, § 1048(c)(16)(A), substituted “October 30, 2000” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001”. Par. (3)(C). Pub. L. 107–107, § 1048(c)(16)(B), substituted “October 30, 2000,” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001”. 2000—Par. (3). Pub. L. 106–398 substituted “but not more than—” and subpars. (A) to (C) for “but not more than 60 days in any one year of service before the year of service that includes September 23, 1996, and not more than 75 days in any subsequent year of service.” 1999—Pars. (4), (5). Pub. L. 106–65 added par. (4) and redesignated former par. (4) as (5). 1997—Par. (3). Pub. L. 105–85, § 1073(c)(4), made technical correction to directory language of Pub. L. 104–201, § 531(a). See 1996 Amendment note below. Pub. L. 105–85, § 1073(a)(67), inserted a comma after “(B)” and substituted “that includes September 23, 1996,” for “in which the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997 occurs”. 1996—Par. (3). Pub. L. 104–201, § 543(b)(2), substituted “(C), or (D)” for “or (C)”. Pub. L. 104–201, § 531(a), as amended by Pub. L. 105–85, § 1073(c)(4), inserted before period at end “of service before the year of service in which the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997 occurs and not more than 75 days in any subsequent year of service”. 1994—Pub. L. 103–337 renumbered section 1333 of this title as this section, substituted “Computation of retired pay: computation of years of service” for “Computation of years of service in computing retired pay” as section catchline, and amended text generally, changing style and references to other sections. 1958—Pub. L. 85–861 added cls. (1) and (2), struck out former cl. (1) which permitted the addition of the days of service credited under section 1332(a)(2)(A) of this title, and redesignated former cls. (2) and (3) as (3) and (4), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 602(b)(5) of Pub. L. 116–283 effective, and applicable with respect to periods of maternity leave that commence on or after, Jan. 1, 2021, see section 602(c) of Pub. L. 116–283, set out as a note under section 12732 of this title.
|
||||
|
||||
Effective Date of 1997 AmendmentPub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective Date of 1958 AmendmentAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
|
||||
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|
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text_hash: "58485672a842342cc3e9e05b727cbbe90c64161ff2bd7a27adba53000e57137a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12734 - Time not creditable toward years of service
|
||||
|
||||
## Text
|
||||
|
||||
(a) Service in an inactive status may not be counted in any computation of years of service under this chapter.
|
||||
|
||||
(b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 12641 of this title may not be credited in a computation of years of service under this chapter.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1334; Pub. L. 87–651, title I, § 108, Sept. 7, 1962, 76 Stat. 509; renumbered § 12734 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1334(a)10:1036c (last sentence, as applicable to inactive status).10:1036g (last 41 words of 2d sentence).34:440k (last sentence, as applicable to inactive status).June 29, 1948, ch. 708, §§ 304 (last sentence), 308 (last 41 words of 2d sentence), 62 Stat. 1088, 1090.July 9, 1952, ch. 608, § 211(b) (less 1st 16 words), 66 Stat. 485. 34:440o (last 41 words of 2d sentence). 50:931(b) (less 1st 16 words). 1334(b)10:1036c (last sentence, less applicability to inactive status).34:440k (last sentence, less applicability to inactive status). Subsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c (proviso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage. In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (proviso of last sentence, less applicability to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage.
|
||||
|
||||
1962 ActThe change conforms section 1334(b) of title 10 to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1089). Section 305 makes the change retroactive to August 10, 1956, the date of repeal of the source law by the original military codification act of that date.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 1334 of this title as this section and amended text generally, changing one section reference. 1962—Subsec. (b). Pub. L. 87–651 substituted “retirement (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation” for “retirement or transfer to the Retired Reserve may not be credited in any computation.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective Date of 1962 AmendmentSection 305 of Pub. L. 87–651 provided that: “Section 108 of this Act [amending this section] is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12735"
|
||||
description: "Inactive status list"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12735"
|
||||
citation: "10 U.S.C. § 12735"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12735"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "495f114bd5fb0f6eeb170ed08af2bd8a524e9baeb94752cbde45a60d4d5290b8"
|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12735 - Inactive status list
|
||||
|
||||
## Text
|
||||
|
||||
(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.
|
||||
|
||||
(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.
|
||||
|
||||
(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1335; renumbered § 12735 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1335(a) 1335(b)10:1036g (1st sentence).34:440o (1st sentence).10:1036g (2d sentence, less last 41 words).34:440o (2d sentence, less last 41 words).June 29, 1948, ch. 708, § 308 (less last 41 words of 2d sentence), 62 Stat. 1090. 1335(c)10:1036g (less 1st and 2d sentences). 34:440o (less 1st and 2d sentences). In subsection (a), the words “would be eligible but for the fact that he is under 60 years of age” are substituted for the words “has not attained the age of sixty years but is eligible in all other respects”. The words “for members of his armed force, other than members of a regular component” are substituted for the words “for the reserve components of the Army of the United States or Air Force of the United States”, since the source statute applied to all members except members of the regular components. The words “as has been, or” and “by law or regulation” are omitted as surplusage. In subsection (b), the words “after the effective date of such transfer” are omitted as surplusage. In subsection (c), 10:1036g (last 32 words of last sentence) and 34:440o (last 32 words of last sentence) are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, making changes in style.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12736"
|
||||
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|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12736"
|
||||
citation: "10 U.S.C. § 12736"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12736"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "63fdd9213329c977274b1403ed5079f82bfca5d5510df9c7cbbe745c99ffbbb4"
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||||
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||||
text_hash: "5f6a3da06a4a254db74ed60a5e597b52d51de7ceed2eb635cfda5a49665f45e4"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12736 - Service credited for retired pay benefits not excluded for other benefits
|
||||
|
||||
## Text
|
||||
|
||||
No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1336; renumbered § 12736 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 133610:1036d (less 1st sentence).34:440l (less 1st sentence).June 29, 1948, ch. 708, § 305 (less 1st sentence), 62 Stat. 1089.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12737"
|
||||
description: "Limitation on active duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12737"
|
||||
citation: "10 U.S.C. § 12737"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12737"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "fab263846986b430c68f5b14bd364ad860897770b513b870380f8d2bf2ae6880"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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||||
text_hash: "d29ace82bd90a345e7fb1e9859cdf177bd36c03a349562321bccbf31e6f08f34"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12737 - Limitation on active duty
|
||||
|
||||
## Text
|
||||
|
||||
A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; renumbered § 12737 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 133710:1036h.34:440p.June 29, 1948, ch. 708, § 309, 62 Stat. 1090. 10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12738"
|
||||
description: "Limitations on revocation of retired pay"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12738"
|
||||
citation: "10 U.S.C. § 12738"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12738"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "79a34ee09758c51baac2efe47ddcdb186147d9ceadd58b738b062b622154c2ff"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12738 - Limitations on revocation of retired pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for retired pay under this chapter, the person’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person.
|
||||
|
||||
(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.
|
||||
|
||||
(Added Pub. L. 89–652, § 2(1), Oct. 14, 1966, 80 Stat. 902, § 1406; renumbered § 1338 and amended Pub. L. 99–348, title I, § 104(a), July 1, 1986, 100 Stat. 686; renumbered § 12738 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 1338 of this title as this section and amended text generally, making changes in style and references to other sections. 1986—Pub. L. 99–348 renumbered section 1406 of this title as this section, designated first sentence as subsec. (a) and substituted “this chapter” for “chapter 67 of this title” in two places, and designated second sentence as subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Entitlement to Retirement Pay After October 14, 1966; ConclusivenessPub. L. 89–652, § 3, Oct. 14, 1966, 80 Stat. 902, provided that: “Notwithstanding section 1406 [now 12738] of title 10, United States Code, as added by this Act— “(1) the granting of retired pay to a person under chapter 67 [now 1223] of that title is conclusive as to that person’s entitlement to such pay only if the payment of that retired pay is begun after the effective date of this Act [Oct. 14, 1966]; and “(2) a notification that a person has completed the years of service required for eligibility for retired pay under chapter 67 [now 1223] of that title is conclusive as to the person’s subsequent entitlement to such pay only if the notification is made after the effective date of this Act.”
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
description: "Computation of retired pay"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12739"
|
||||
citation: "10 U.S.C. § 12739"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12739 - Computation of retired pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of—
|
||||
|
||||
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
|
||||
|
||||
(2) 2½ percent of the years of service credited to that person under section 12733 of this title.
|
||||
|
||||
(b) If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
|
||||
|
||||
(c) (1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
|
||||
|
||||
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section 12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
|
||||
|
||||
(A) 75 percent of the retired pay base upon which the computation is based; and
|
||||
|
||||
(B) the product of—
|
||||
|
||||
(i) the retired pay base upon which the computation is based; and
|
||||
|
||||
(ii) 2½ percent of the years of service credited to that person under section 12733 of this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.
|
||||
|
||||
(d) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.
|
||||
|
||||
(e) (1) If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member.
|
||||
|
||||
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
|
||||
|
||||
(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
|
||||
|
||||
(B) completes at least one year of service in such position; and
|
||||
|
||||
(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.
|
||||
|
||||
(f) Modernized Retirement System.— (1) Reduced multiplier for full tsp members.— Notwithstanding subsection (a) or (c), in the case of a person who first performs reserve component service on or after January 1, 2018, after not having performed regular or reserve component service on or before that date, or a person who makes the election described in paragraph (2) (referred to as a “full TSP member”)—
|
||||
|
||||
(A) subsection (a)(2) shall be applied by substituting “2 percent” for “2½ percent”;
|
||||
|
||||
(B) subparagraph (A) of subsection (c)(2) shall be applied by substituting “60 percent” for “75 percent”; and
|
||||
|
||||
(C) subparagraph (B)(ii) of such subsection shall be applied by substituting “2 percent” for “2½ percent”.
|
||||
|
||||
(2) Election to participate in modernized retirement system.— (A) In general.— Pursuant to subparagraph (B), a person performing reserve component service on December 31, 2017, who has performed fewer than 12 years of service as of December 31, 2017 (as computed in accordance with section 12733 of this title), may elect, in exchange for the reduced multipliers described in paragraph (1) for purposes of calculating the retired pay of the person, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5.
|
||||
|
||||
(B) Election period.— (i) In general.— Except as provided in clauses (ii) and (iii), a person described in subparagraph (A) may make the election described in that subparagraph during the period that begins on January 1, 2018, and ends on December 31, 2018.
|
||||
|
||||
(ii) Hardship extension.— The Secretary concerned may extend the election period described in clause (i) for a person who experiences a hardship as determined by the Secretary concerned.
|
||||
|
||||
(iii) Persons experiencing break in service.— A person returning to reserve component service after a break in reserve component service in which falls the election period specified in clause (i) shall make the election described in subparagraph (A) within 30 days after the date of the reentry into service of the person.
|
||||
|
||||
(C) No retroactive contributions pursuant to election.— Thrift Savings Plan contributions may not be made for a person making an election pursuant to subparagraph (A) for any pay period beginning before the date of the person’s election under that subparagraph by reason of the person’s election.
|
||||
|
||||
(3) Regulations.— The Secretary concerned shall prescribe regulations to implement this subsection.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 3004; amended Pub. L. 107–314, div. A, title VI, § 632(a), (b), Dec. 2, 2002, 116 Stat. 2572; Pub. L. 109–364, div. A, title VI, § 642(b), Oct. 17, 2006, 120 Stat. 2259; Pub. L. 111–84, div. A, title VI, § 642(a), Oct. 28, 2009, 123 Stat. 2365; Pub. L. 114–92, div. A, title VI, § 631(b), Nov. 25, 2015, 129 Stat. 843; Pub. L. 115–91, div. A, title VI, § 623(a), Dec. 12, 2017, 131 Stat. 1428.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in formula 3 of the table in section 1401(a) of this title, prior to amendment by Pub. L. 103–337, § 1662(j)(2).
|
||||
|
||||
Amendments2017—Subsec. (f)(2)(B)(iii). Pub. L. 115–91 substituted “within 30 days after the date of the reentry” for “on the date of the reentry”. 2015—Subsec. (f). Pub. L. 114–92 added subsec. (f). 2009—Subsec. (e). Pub. L. 111–84 added subsec. (e). 2006—Subsec. (c). Pub. L. 109–364 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2). 2002—Subsec. (b). Pub. L. 107–314, § 632(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–314, § 632(a)(1), (b), redesignated subsec. (b) as (c) and substituted “total amount of the monthly retired pay computed under subsections (a) and (b)” for “amount computed under subsection (a)”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–314, § 632(a)(1), redesignated subsec. (c) as (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title VI, § 623(b), Dec. 12, 2017, 131 Stat. 1429, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendment made by section 631(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 843) [amending this section], to which the amendment made by subsection (a) relates.”
|
||||
|
||||
Effective Date of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.
|
||||
|
||||
Effective Date of 2002 AmendmentPub. L. 107–314, div. A, title VI, § 632(c), Dec. 2, 2002, 116 Stat. 2572, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2002, and shall apply with respect to retired pay for months beginning on or after that date.”
|
||||
|
||||
Effective DateSection effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12740"
|
||||
description: "Eligibility: denial upon certain punitive discharges or dismissals"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12740"
|
||||
citation: "10 U.S.C. § 12740"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12740"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "fa25e4db931e13670aa8dfb06d8c26c5603cfd2cb69c1b01b2bff3d10d8dee22"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "9a81033041ee1811c9112cfa8c323c34c706a25ca080268c1a978571d66d7b6d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12740 - Eligibility: denial upon certain punitive discharges or dismissals
|
||||
|
||||
## Text
|
||||
|
||||
A person who—
|
||||
|
||||
(1) is convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or
|
||||
|
||||
(2) is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,
|
||||
|
||||
is not eligible for retired pay under this chapter.
|
||||
|
||||
(Added Pub. L. 104–106, div. A, title VI, § 632(a)(1), Feb. 10, 1996, 110 Stat. 365.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 104–106, div. A, title VI, § 632(b), Feb. 10, 1996, 110 Stat. 365, provided that: “Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996].”
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12741"
|
||||
description: "Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1223"
|
||||
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
|
||||
section: "12741"
|
||||
citation: "10 U.S.C. § 12741"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12741"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "6921f9f7e950b5096605a37e9ef6739b9565eaa4414d0128b04c05abc2fa2874"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "445ea3b3ca39e6772c50fe67239254ff39e650de6dad34459cbe63dcfe6a3bc0"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12741 - Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority to Elect to Receive Reserve Retired Pay.— (1) Notwithstanding the requirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 741, 841, or 941 of this title, if the person—
|
||||
|
||||
(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;
|
||||
|
||||
(B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 741, 841, or 941 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and
|
||||
|
||||
(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service).
|
||||
|
||||
(2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who—
|
||||
|
||||
(A) completed at least one year of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and
|
||||
|
||||
(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.
|
||||
|
||||
(b) Actions To Effectuate Election.— As of the effective date of an election made by a person under subsection (a), the Secretary concerned shall—
|
||||
|
||||
(1) terminate the eligibility of the person to retire under chapter 65, 741, 841, or 941 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and
|
||||
|
||||
(2) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve.
|
||||
|
||||
(c) Time and Form of Election.— An election under subsection (a) shall be made within such time and in such form as the Secretary concerned requires.
|
||||
|
||||
(d) Effective Date of Election.— An election made by a person under subsection (a) shall be effective—
|
||||
|
||||
(1) except as provided in paragraph (2)(B), as of the date on which the person attains the eligibility age applicable to the person under section 12731(f) of this title, if the Secretary concerned receives the election in accordance with this section within 180 days after that date; or
|
||||
|
||||
(2) on the first day of the first month that begins after the date on which the Secretary concerned receives the election in accordance with this section, if—
|
||||
|
||||
(A) the date of the receipt of the election is more than 180 days after the date on which the person attains the eligibility age applicable to the person under such section; or
|
||||
|
||||
(B) the person retires from service in an active status within that 180-day period.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VI, § 653(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–164; amended Pub. L. 107–107, div. A, title X, § 1048(a)(31), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 109–364, div. A, title X, § 1071(a)(41), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–84, div. A, title VI, § 643(a)–(c), (e)(1), Oct. 28, 2009, 123 Stat. 2366, 2367; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Subsec. (a)(1). Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867” in introductory provisions and in subpar. (B). Subsec. (b)(1). Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867”. 2009—Pub. L. 111–84, § 643(e)(1), substituted “Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement” for “Retirement from active reserve service performed after regular retirement” in section catchline. Subsec. (a). Pub. L. 111–84, § 643(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “(a) Election of Reserve Retired Pay.—A person who, after becoming entitled to retired or retainer pay under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component is entitled to retired pay under this chapter if— “(1) the person would, but for paragraphs (3) and (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter; “(2) the person elects under this section to receive retired pay under this chapter; and “(3) the person’s service in an active status after having become entitled to retired or retainer pay under that chapter is determined by the Secretary concerned to have been satisfactory.” Subsec. (b)(1). Pub. L. 111–84, § 643(b), added par. (1) and struck out former par. (1) which read as follows: “terminate the person’s entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and”. Subsec. (d)(1). Pub. L. 111–84, § 643(c)(1), substituted “attains the eligibility age applicable to the person under section 12731(f) of this title” for “attains 60 years of age”. Subsec. (d)(2)(A). Pub. L. 111–84, § 643(c)(2), substituted “attains the eligibility age applicable to the person under such section” for “attains 60 years of age”. 2006—Subsecs. (c), (d). Pub. L. 109–364 substituted “subsection (a)” for “subsection (b)”. 2001—Subsec. (a)(2). Pub. L. 107–107 substituted “receive” for “received”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DatePub. L. 106–398, § 1 [[div. A], title VI, § 653(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165, provided that: “Section 12741 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 30, 2000] and shall apply with respect to retired pay payable for months beginning on or after that effective date.”
|
||||
Reference in New Issue
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